The Chapter of the Commentary of the Penal Code analyses the regulation of Article 297 which prohibits public incitement to hatred, violence and intolerance. The authors present the background of the criminal law regulation of 'hate speech' (e.g. Framework Decision 2008/913/JHA), the relationship between the regulation and practice in Slovenia, and case law of the European Court of Human Rights. They analyse the application of Article 297 on on-line hate speech on social media.
The purpose of this paper is to expose the problems with the current state of play in which the law and the justice institutions are no longer responding to hate speech, as in practice hate speach itself is no longer considered as a crime. Criminal prosecution of hate speech has become extremely rare, in spite of the fact that hate speech is expansion, escalation and intensification, while in the recent years it has almost completely vanished. The paper analyses the reasons for this, which is followed by a discussion whether law and the justice system still have a role to play in addressing this problem, or have they completely renounced it. The attempts to replace the lack of legal and justice responses has been taken over by the civil society initiatives which developed various methods to respond to hate speech. The question is, however, whether they can effectively replace criminal justice. The paper concludes with recommendations for the legislature, the judiciary and civil society, but also with a specific recommendations for the Prosecutor's Office which currently represents the main obstacle for criminal prosecution of hate speech.
The monograph addresses the position of vulnerable groups in the administrative law system. The author examines the topic through eight different themes from the perspective of administrative legal regulation, namely through the protection of parties' rights, the position of children in administrative procedure, the issues of citizenship and statelessness, addressing discrimination before administrative court, international protection for LGBT asylum seekers, the institute of referendum and its effects on the position of minorities and other vulnerable groups, legal position of LGBT persons and same-sex partners ion administrative law, as well as the principle of solidarity in migration management in the context of European Union enlargement.
The chapter discusses anti-immigrant hate speech in Slovenia in the latter third of the year 2015. Firstly, it discusses the rising online racist antiimmigration and anti-Muslim attitudes with the help of sociology of nationalism. Secondly, it positions this particular case in the wider European context of how the “refugee crisis” has been represented in social media and how the political elite reacted (if at all) to these developments. Finally, it sets out to review the most relevant developments subsumed under the debate on online hate speech in Slovenia. In so doing, it treats the phenomenon of online hate speech as a direct reflection of the wider collapse of EU migration, integration and asylum policies. This chapter therefore argues that it is necessary to address the production of racist policies and the discriminatory treatment of refugees and migrants by analyzing the rhetoric of political actors as key instigators of hate speech.
In this paper we examine the characteristics of comments on Facebook pages of the most visited news portals in Slovenia in the period from 2010 to 2017. We focus on socially unacceptable discourse (SUD) within two topics that were dividing public at the given time, namely the refugee crisis and the rights of LGBT people. The results show that the share of comments expressing SUD is high and stable - on both topics and on all three selected media around half of all comments are SUD. Surprisingly small differences in the internal structure and characteristics of this type of commenting were found between news portals but there was more variation in the scope and the type of SUD. However, it is not possible to confirm the presence of organized or interrelated comment campaigns. The results are offering one of the first insights in the characteristics of the commentary environment in Slovenia, the time dimensions of commenting and the correlations between commentators. Paper will be published in the scientific journal Teorija in praksa in 2020.